Costs decision arising from a Rule 21 motion in a proposed class proceeding.
The plaintiffs sought partial indemnity costs after largely resisting the defendants’ motion to strike, while the defendants sought costs because the plaintiffs abandoned several claims during the motion, including conspiracy and negligence claims involving the Attorney General of Canada.
The court found that the plaintiffs substantially succeeded on remaining claims but materially altered their pleadings and abandoned significant allegations during the hearing.
Given the divided success and the altered nature of the action, the court concluded that neither side should receive costs.
